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A judge allowed a Rochester man to stop paying spousal maintenance because doing so would place him under “extreme hardship.” According to an August 27, 2012 New York Law Journal article, there is a law open to much interpretation that allows for adjustment in support payments if there would be an “extreme hardship” on the individual who is making payments.

The man in this case had a job but is now unemployed and lives below the poverty level. His wife who lives just above the poverty level and received disability payments sued him for money. She said that he has received money from his parents, has worked odd jobs, has not looked enough for a new job and has a retirement account. He was able to prove that each of these factors did not matter for spousal support. For example, his only odd job paid him $180 and afterwards, he sold his power tools to pay for his daughter’s college tuition. He is going to use his retirement account to pay for her tuition. His parents are providing money for groceries as an advance of his inheritance. Also, he provided a three page list of jobs he applied for but did not get

As a result, the judge interpreted the law and said that paying the original amount of support ordered would be an “extreme hardship.” The judge eliminated his support payments going forward.

At the law offices of Jayson Lutzky, P.C., we keep up with the latest developments in family and divorce law. If you are considering divorce or need information on matters related to support, visitation or divorce, set up a free in person consultation with Mr. Lutzky. Mr. Lutzky has helped thousands of satisfied clients over the past 29 years. His office can be reached at (800) 660-5299. You can also visit www.MyNewYorkCityLawyer.com for more information.